06 Staff Report - Hazardous Vegetation Abatement (Weeds)t° w" 0 MEETING DATE: 11/21/05
ITEM NO.
"t . .
~~S GASES COUNCIL AGENDA REPORT
DATE: NOVEMBER 4, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
A. ADOPT RESOLUTION DECLARING HAZARDOUS VEGETATION
(WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR
ABATEMENT AND SETTING A PUBLIC HEARING IN ORDER TO
HEAR PROTESTS
B. SET JANUARY 17, 2006, AS A PUBLIC HEARING DATE ON THIS
ANNUAL PROGRAM
RECOMMENDATION:
1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) apublic nuisance and
providing for their abatement and setting a public hearing in order to hear protests.
2. Set January 17, 2006, as a public hearing date on this annual program.
BACKGROUND:
Pursuant to authority granted in Section 14890 of the California Health and Safety Code, the
County's Hazardous Vegetation Program is administered by the County Agricultural Commissioner.
The County Agricultural Commissionerhas the same authorityto abate nuisances as the CountyFire
Marshal. The Fire Marshal's Office, however, will continue to provide consultation and assistance
to the program.
DISCUSSION:
Hazardous vegetation (weeds) pose a fire threat during the summer months and property owners
should control them. To eliminate hazardous vegetation (weeds), the Town historically has adopted
a Hazardous Vegetation (Weed) Abatement Program.
r a,,~
PREPARED BY: J HNE. CURTIS
rector of Parks and Public Works
Reviewed by: Assistant Town Manager Attorney Clerk Zc- Finance
Community Development Revised: 11/4/05 2:51 pm
Reformatted: 5/30/02 NAMSCOUNCIL REPORTSWTEEDS.112105.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
NOVEMBER 4, 2005
The time table is in keeping with generally accepted procedures throughout Santa Clara County as
recommended by the Department of Agriculture and Environmental Management.
Under the county program, property owners with hazardous vegetation (weed) problems are notified
and given an opportunity to abate the hazardous vegetation (weeds). If the problem is not addressed,
the county contractor takes care of the hazardous vegetation (weeds) and the cost is added to the
owner's property tax bill.
A complete schedule of the program is as follows:
November 21, 2005 Town Council passes resolution declaring hazardous vegetation (weeds) a
nuisance and sets a public hearing (January 17, 2006).
December 5, 2005 Department of Agriculture and Environmental Management prepares list of
properties needing abatement, sends notice to owners to abate the hazardous
vegetation (weeds), and notifies owners regarding time and place of the
Public Hearing.
December 7, 2005 Clerk Administrator posts in three locations and publishes (twice) "Notice of
Public Hearing to destroy Hazardous Vegetation (Weeds) and Notice of
Passage of Resolution- (Attachment 2) - (December 14, 2005 - December
21, 2005).
January 17, 2006 Public Hearing - Town Council hears protests and passes resolution allowing
or overruling objections and ordering abatement as appropriate and
specifying the method for abatement.
April 15, 2006 Department of Agriculture and Environmental Management starts to inspect
Los Gatos properties. Properties which have not been cleared of hazardous
vegetation will be abated by a contractor for the Department of Agriculture
and Environmental Management.
June 28, 2006 Clerk Administrator publishes notice of August 7, 2006, Public Hearing for
Town Council to hear protests to proposed charges. Publish twice and post
in three places. (Publish July 5, 2006 and July 12, 2006).
August 7, 2006 Town Council public hearing on any proposed hazardous vegetation (weed)
abatement charges; Council resolution confirming ormodifying assessments.
August 8, 2006 Clerk Administrator returns list of charges to Department of Agriculture and
Environmental Management for filing with County Auditor as special
assessment.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)
NOVEMBER 4, 2005
CONCLUSION:
This is a standard procedure of the Town of Los Gatos. It has been enacted to reduce fire danger.
FISCAL E\4PACT:
Funds are provided in the FY 2005-06 Budget (Program 5050) to cover the cost of publishing the
legal notice. (Estimate: $260.00).
Attachments:
1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance.
2. Notice of Public Hearing to Destroy Weeds.
Distribution:
Greg Van Wassenhove, Agricultural Commissioner, County of Santa Clara Department of
Agriculture and Environmental Management, Division of Hazardous Vegetation, 1553 Berger Drive,
Building #1, San Jose, CA 95112
Debbie Craver, Program Coordinator, County of Santa Clara Department of Agriculture and
Environmental Management, Division of Hazardous Vegetation, 1553 Berger Drive, Building #1,
San Jose, CA 95112
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND
PROVIDING FOR THEIR ABATEMENT
WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of
California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner,
lessees or occupant ofbuildings, grounds, or lots to remove hazardous vegetation (weeds) from such
buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such
hazardous vegetation (weeds) at his expense, making the cost thereof a lien upon such property; and
WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure, codified
in Chapter 11, Article 2, Sections 11.20.010 through 11.20.045 of the Los Gatos Town Code.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State
of California, that the Town Council hereby finds that hazardous vegetation "weeds," as that term
is defined in Section 11.20.010, are growing upon and adj acent to private property within the Town
of Los Gatos, and declares that all hazardous vegetation (weeds) growing upon any private property
or properties, and in any sidewalk street, or alley within the Town of Los. Gatos are a public nuisance
and should be abated. The Director of Parks and Public Works ("the Director") shall act as the Town
Engineer for all purposes set forth in Chapter 11, Article 2, and shall give notice of the passage of
this resolution.
FURTHER RESOLVED, that unless such nuisance be abated by the destruction or removal
of such hazardous vegetation (weeds) within thirty (30) days after the adoption of this resolution, or
within the time specified in a written agreement with the Director, or his representative, whichever
time shall be later, as provided in Chapter 11, Article 2, of the Los Gatos Town Code, the Town of
Los Gatos shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and
lands from which, or in the front and rear of which, such hazardous vegetation (weeds) shall have
been destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and
to be collected upon the next tax roll upon which general municipal taxes are collected.
FURTHER RESOLVED, that the Director shall execute a "Notice to Destroy Hazardous
Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause same to be
published and posted in the manner prescribed by Section 11.20.020(c).
Attachment 1
FURTHER RESOLVED, that on the 17th day of January, 2006, at a meeting of the Town
Council beginning at 7:00 P.M. in the Council Chambers of the Civic Center, 110 E. Main Street,
Los Gatos, California, a public hearing will be held during which all property owners in the Town
of Los Gatos having any objections to the proposed destruction or removal of such hazardous
vegetation (weeds) will be heard and given due consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the day of , 2005 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT-
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
OFFICE OF THE CLERK ADMINISTRATOR
NOTICE OF PUBLIC HEARING
TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on November 21, 2005, pursuant to
the provisions of Section 11.20.020 of the Town Code of the Town of
Los Gatos, the Town Council of said Town adopted a Resolution
(2005- ) declaring that all weeds growing upon any private property
or in any street, sidewalk or alley, as defined in Section 11.20.0 10 of
such Code, constitute a public nuisance, which nuisance must be
abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall, within thirty
(30) days after the adoption of such resolution, or within the time
specified in a written agreement with the Director of Parks and Public
Works of the Town of Los Gatos, or the Director of Parks and Public
Works' representative, whichever time shall be later, remove all such
weeds from their property, the abutting sidewalks, and the abutting
half of the street in front, and alleys, if any, behind such property, and
between the lot lines thereof as extended, or such weeds will be
destroyed or removed and such nuisance abated by the Town of Los
Gatos, in which case the cost of such destruction or removal will be
assessed upon the lots and lands from which, or from the front or rear
of which, such weeds shall have been destroyed or removed, and such
cost will constitute a lien upon such lots or lands until paid; and will
be collected upon the next tax roll upon which general municipal
taxes are collected. All property owners having any objections to the
proposed destruction or removal of such weeds are hereby notified to
attend a meeting of the Town Council of such Town to be held in the
Council Chambers of said Town, at 110 East Main Street, MONDAY,
JANUARY 17, 2006, AT 7:00 P.M. or as soon thereafter as the matter can
be heard, when and where their objections will be heard and given
due consideration.
A COMPLETE RECORD OF THE ABOVE IS ON FILE IN THE OFFICE
OF THE CLERK ADMINISTRATOR
/s/ Marlyn Rasmussen
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
PUB: December 14, 2005 and December 21, 2005
Attachment 2